Shoulder decisions — 2011

The Board denied the Veteran's request for an earlier effective date prior to May 11, 2007, for the grant of service connection for PTSD. The claims for service connection for back disorder, left shoulder disorder, and residuals of a head injury, as well as the TDIU claim are pending.

The Board has decided to remand the case for further development and consideration, including obtaining medical records and providing a VA examination.

The Veteran's claim for a higher disability rating for his left shoulder disability, which was initially granted in September 2007 with a 20 percent rating effective September 20, 2006, is being remanded due to the need for additional development including gathering VA treatment records and scheduling an examination.

The Veteran's maxilla fracture and right shoulder injury did not result in chronic disabilities that were present during service or within one year of separation. The VA examinations found no current residuals.

The Veteran's unauthorized medical expenses incurred at John Muir Medical Center on November 5th and 6th, 2008 were denied as the treatment was not for an emergent disability.

The Veteran's service-connected disabilities, including PTSD and gunshot wounds to the chest and shoulder, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities are so disabling as to prevent him from dressing himself and frequently adjusting his special orthopedic appliance without aid, meeting the criteria for SMC based on need for regular aid and attendance.

The Board found no evidence of a current disability for the left knee, left shoulder, or psychiatric disorders. The Veteran's service treatment records did not indicate any chronic conditions and post-service medical records do not show any diagnoses related to these issues.

The Veteran's service connection claims for left ear hearing loss, right shoulder disorder, and left shoulder disorder are granted. Service connection is denied for a left elbow disorder.

The Board has decided to remand the case for further development, including obtaining SSA records and readjudicating the petitions to reopen service connection claims.

The Veteran's right shoulder disability was granted a 10% rating effective September 18, 2010. The temporary total rating for convalescence following surgery on January 24, 2007 is also granted.

The Veteran's right shoulder rotator cuff tear was granted an initial 10% evaluation from August 6, 2007 to November 5, 2009. Effective dates for the grants of service connection for right and left ankle disorders are pending.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a new examination to assess his current employability due to service-connected disabilities.

The Board found that the Veteran's left shoulder disability and arthritis did not have onset in service, and thus denied service connection for these conditions.

The Veteran's service-connected conditions have been evaluated at the minimum disability rating of 10 percent for each condition. The Board finds that no higher ratings are warranted based on the current evidence.

The Veteran's appeal has been withdrawn for all issues related to his service-connected left shoulder, right thumb, and left thumb disabilities.

The Veteran's service-connected left shoulder impingement has resulted in painful motion equating to limitation of motion at shoulder level, warranting a 20 percent rating. The issue of entitlement to an initial compensable evaluation for irritable bowel syndrome is remanded for further development.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining outstanding medical records and scheduling VA examinations to assess the severity of his disabilities.

The Board denied service connection for right and left shoulder disabilities, as well as peripheral neuropathy of the lower extremities. The Veteran's claims are remanded to obtain additional medical records from Dr. Singh.

The Board has determined that the Veteran's Substantive Appeal was timely filed, and thus his appeal to establish that a Substantive Appeal of the January 2006 and April 2006 rating decisions was timely filed is granted. The RO should then review the claims file (to specifically include an initial review of the evidence received since the August 2007 SOC) and readjudicate the propriety of the rating reduction for the Veteran's left shoulder disability, and the matters of the ratings assigned for his low back disability and left shoulder disability.